A-57604, JANUARY 17, 1935, 14 COMP. GEN. 555

A-57604: Jan 17, 1935

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NATIONAL RECOVERY FUNDS - TERMINATION OF AVAILABILITY THE ALLOTMENT OF NATIONAL RECOVERY FUNDS FOR RIVER AND HARBOR WORK WILL NOT BE AVAILABLE FOR OBLIGATION BEYOND THE FISCAL YEAR 1935 OR FOR EXPENDITURE PURSUANT TO SUCH OBLIGATION AFTER JUNE 30. AS FOLLOWS: REFERENCE IS MADE TO YOUR DECISION OF OCTOBER 15. THE LAST PARAGRAPH OF YOUR DECISION STATES IN PART AS FOLLOWS: "THE LANGUAGE USED IN EACH OF THE ACTS IS CLEAR AND CAN BE CONSTRUED ONLY AS IS THE GENERAL RULE IN CONNECTION WITH FISCAL YEAR APPROPRIATIONS. - AFTER THE 1ST DAY OF JULY IN EACH YEAR THE SECRETARY OF THE TREASURY SHALL CAUSE ALL UNEXPENDED BALANCES OF APPROPRIATIONS WHICH SHALL HAVE REMAINED UPON THE BOOKS OF THE TREASURY FOR TWO FISCAL YEARS TO BE CARRIED TO THE SURPLUS FUND AND COVERED INTO THE TREASURY: PROVIDED.

A-57604, JANUARY 17, 1935, 14 COMP. GEN. 555

NATIONAL RECOVERY FUNDS - TERMINATION OF AVAILABILITY THE ALLOTMENT OF NATIONAL RECOVERY FUNDS FOR RIVER AND HARBOR WORK WILL NOT BE AVAILABLE FOR OBLIGATION BEYOND THE FISCAL YEAR 1935 OR FOR EXPENDITURE PURSUANT TO SUCH OBLIGATION AFTER JUNE 30, 1937.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, JANUARY 17, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 9, 1935, AS FOLLOWS:

REFERENCE IS MADE TO YOUR DECISION OF OCTOBER 15, 1934, A-57604, AS TO THE PERIOD FOR WHICH FUNDS APPROPRIATED BY THE FOURTH DEFICIENCY ACT, FISCAL YEAR 1933, AND BY THE EMERGENCY APPROPRIATION ACT, 1935, TO CARRY INTO EFFECT THE PROVISIONS OF THE NATIONAL INDUSTRIAL RECOVERY ACT, APPROVED JUNE 16, 1933, WOULD REMAIN AVAILABLE. THE LAST PARAGRAPH OF YOUR DECISION STATES IN PART AS FOLLOWS:

"THE LANGUAGE USED IN EACH OF THE ACTS IS CLEAR AND CAN BE CONSTRUED ONLY AS IS THE GENERAL RULE IN CONNECTION WITH FISCAL YEAR APPROPRIATIONS, AS MAKING THE FUNDS AVAILABLE ONLY FOR PAYMENT OF OBLIGATIONS INCURRED ON OR PRIOR TO JUNE 30, 1935.'

SECTION 713, TITLE 31, U.S.C., PROVIDES AS FOLLOWS:

"SAME; CARRIED TO SURPLUS FUND.--- AFTER THE 1ST DAY OF JULY IN EACH YEAR THE SECRETARY OF THE TREASURY SHALL CAUSE ALL UNEXPENDED BALANCES OF APPROPRIATIONS WHICH SHALL HAVE REMAINED UPON THE BOOKS OF THE TREASURY FOR TWO FISCAL YEARS TO BE CARRIED TO THE SURPLUS FUND AND COVERED INTO THE TREASURY: PROVIDED, THAT THIS PROVISION SHALL NOT APPLY TO PERMANENT SPECIFIC APPROPRIATIONS, APPROPRIATIONS FOR RIVERS AND HARBORS, LIGHTHOUSES, OR PUBLIC BUILDINGS, OR THE PAY OF THE NAVY AND MARINE CORPS; BUT THE APPROPRIATIONS NAMED IN THIS PROVISO SHALL CONTINUE AVAILABLE UNTIL OTHERWISE ORDERED BY CONGRESS. (JUNE 20, 1874, C. 328) (5, 18 STAT. 110; JULY 26, 1886, C. 781) (2, 24 STAT. 157; MAR. 3, 1919, C. 99) (6, 40 STAT. 1309.)

THE NATIONAL INDUSTRIAL RECOVERY ACT, AS APPROVED JUNE 16, 1933, TITLE II, SECTIONS 202 AND 203, STATE IN PART AS FOLLOWS:

"SEC. 202. THE ADMINISTRATOR, UNDER THE DIRECTION OF THE PRESIDENT, SHALL PREPARE A COMPREHENSIVE PROGRAM OF PUBLIC WORKS, WHICH SHALL INCLUDE AMONG OTHER THINGS THE FOLLOWING: * * * AND CONSTRUCTION OF RIVER AND HARBOR IMPROVEMENTS AND FLOOD CONTROL * * * PROVIDED, THAT NO RIVER OR HARBOR IMPROVEMENTS SHALL BE CARRIED OUT UNLESS THEY SHALL HAVE HERETOFORE OR HEREAFTER BEEN ADOPTED BY THE CONGRESS OR ARE RECOMMENDED BY THE CHIEF OF ENGINEERS OF THE UNITED STATES ARMY.

"SEC. 203 (A) WITH A VIEW TO INCREASING EMPLOYMENT QUICKLY (WHILE REASONABLY SECURING ANY LOANS MADE BY THE UNITED STATES) THE PRESIDENT IS AUTHORIZED AND EMPOWERED, THROUGH THE ADMINISTRATOR OR THROUGH SUCH OTHER AGENCIES AS HE MAY DESIGNATE OR CREATE, (1) TO CONSTRUCT, FINANCE, OR AID IN THE CONSTRUCTION OR FINANCING OF ANY PUBLIC-WORKS PROJECT INCLUDED IN THE PROGRAM PREPARED PURSUANT TO SECTION 202; (2) UPON SUCH TERMS AS THE PRESIDENT SHALL PRESCRIBE.'

IN THE VIEW THAT MONEYS ALLOTTED BY THE PRESIDENT FOR THE PROSECUTION OF RIVER AND HARBOR IMPROVEMENTS AND FLOOD CONTROL IN ACCORDANCE WITH AND AS PROVIDED BY SECTIONS 202 AND 203 OF THE NATIONAL INDUSTRIAL RECOVERY ACT ARE APPROPRIATIONS FOR RIVERS AND HARBORS WITHIN THE MEANING OF SECTION 713, TITLE 31, U.S.C. AND THAT FUNDS SO RECEIVED BY THE WAR DEPARTMENT AND OBLIGATED PRIOR TO JUNE 30, 1935, REMAIN AVAILABLE FOR AND UNTIL SUCH OBLIGATIONS ARE LIQUIDATED, THIS DEPARTMENT HAS ENTERED INTO CERTAIN CONTRACTS FOR MAJOR CONSTRUCTION WORK ON THE IMPROVEMENT OF RIVERS AND HARBORS, THE PRESCRIBED TIME OF COMPLETION OF WHICH WILL ENTAIL EXPENDITURES AFTER JUNE 30, 1937. OTHER LARGE CONTRACTS ARE TO BE ADVERTISED IN THE NEAR FUTURE. IN ORDER THAT THE REQUIREMENTS MAY BE SO DRAWN AS TO PROVIDE FOR THE EXECUTION OF THE WORK AT THE MOST ADVANTAGEOUS AND ECONOMICAL RATE, YOUR EARLY OPINION IS DESIRED AS TO WHETHER THESE CONTRACTS MAY ENTAIL PAYMENTS AFTER JUNE 30, 1937.

THE APPROPRIATION FOR CARRYING OUT THE PROVISIONS OF THE NATIONAL INDUSTRIAL RECOVERY ACT IS FOUND IN THE ACT OF JUNE 16, 1933, 48 STAT. 275, AND PROVIDES:

FOR THE PURPOSE OF CARRYING INTO EFFECT THE PROVISIONS OF THE ACT ENTITLED "AN ACT TO ENCOURAGE NATIONAL INDUSTRIAL RECOVERY, TO FOSTER FAIR COMPETITION, AND TO PROVIDE FOR THE CONSTRUCTION OF CERTAIN USEFUL PUBLIC WORKS, AND FOR OTHER PURPOSES," APPROVED JUNE 16, 1933, AND ALSO FOR THE PURPOSE OF CARRYING INTO EFFECT THE PROVISIONS OF THE ACT ENTITLED"AN ACT FOR THE RELIEF OF UNEMPLOYMENT THROUGH THE PERFORMANCE OF USEFUL PUBLIC WORK, AND FOR OTHER PURPOSES," APPROVED MARCH 31, 1933, AND FOR EACH AND EVERY OBJECT THEREOF, TO BE EXPENDED IN THE DISCRETION AND UNDER THE DIRECTION OF THE PRESIDENT, TO BE IMMEDIATELY AVAILABLE, AND EXCEPT AS HEREINAFTER PROVIDED TO REMAIN AVAILABLE UNTIL JUNE 30, 1935, $3,300,000,000; OF WHICH NOT TO EXCEED $50,000,000 SHALL BE AVAILABLE TO THE BOARD OF DIRECTORS OF THE TENNESSEE VALLEY AUTHORITY, AND TO REMAIN AVAILABLE UNTIL EXPENDED, FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THE ACT OF CONGRESS ENTITLED ,THE TENNESSEE VALLEY AUTHORITY ACT OF 1933," APPROVED MAY 18, 1933, * * *.

WHILE THE NATIONAL RECOVERY ACT AUTHORIZES THE ALLOTMENT OF FUNDS FOR RIVER AND HARBOR WORK, SUCH AN ALLOTMENT IS NOT DIRECTED BY THE ACT BUT IS LEFT TO THE DISCRETION OF THE PRESIDENT, AND IN THE APPROPRIATION THERE IS ONLY EXCEPTED FROM THE FISCAL YEAR LIMITATION THE AMOUNT APPROPRIATED BY THE STATUTE FOR THE TENNESSEE VALLEY AUTHORITY. IT MUST BE CONCLUDED, THEREFORE, THAT THE ALLOTMENT OF FUNDS FOR RIVER AND HARBOR WORK FROM THE APPROPRIATION FOR CARRYING OUT THE PROVISIONS OF THE NATIONAL INDUSTRIAL RECOVERY ACT DOES NOT MAKE SUCH FUNDS AVAILABLE FOR OBLIGATION BEYOND THE FISCAL YEAR 1935, OR FOR EXPENDITURE PURSUANT TO SUCH OBLIGATION AFTER JUNE 30, 1937.